Minister for Small Business, Innovation, Tourism and Trade and SaxaVord Spaceport meetings: FOI release

Information requested

From 29th March 2023 - date, please provide all correspondence and notes/minutes of meetings between the Minister for Small Business, Innovation, Tourism and Trade, Richard Lochhead (or his office) and representatives of the SaxaVord Spaceport.

Response

The specific nature of your request means if I were to interpret that you are solely seeking correspondence and minutes between the minister directly, or their specific private office, then a section 17 (Information not held) response would be appropriate. However, in handling this particular request, and in order to be helpful, I have taken the decision to interpret it as covering the New Market Clusters Unit, since communication with SaxaVord Spaceport on the minister’s behalf has taken place in the main through this team. I will acknowledge that this does potentially place it outside the parameters of the request if applying FOI(S)A rigidly.

Therefore:

1. I enclose a copy of the information you requested in the separate annex. While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because exemptions under sections s.30(b)(ii) (free and frank exchange of views), s.33(1)(b) (commercial interest) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why exemptions apply are explained in the Annex to this letter.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Exemptions under section s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested, specifically multiple instances of personal information across all documents in scope.This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exemption applies under section s.33(1)(b) (commercial interest) of FOISA applies to some of the information you have requested. This exemption is subject to the ‘public interest test’. Disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation -in this case it would reveal the commercial dealings of two parties that might detrimentally impact the ability of both parties to make commercial arrangements with others. Therefore, taking account of all the circumstances of this case, we have found that, on balance, the public interest lies in favour of upholding the exemption.

Exemptions under s.30(b)(ii) (free and frank exchange of views) of FOISA applies to some of the information you have requested. This exemption is subject to the ‘public interest test’. I is recognised that the general right of access provided by FOISA must be balanced against the need to protect genuinely sensitive information. However, in a number of instances, disclosure of views passed between parties, would substantially alter the relationship between those parties, and third parties. Therefore, taking account of all the circumstances of this case, we have found that, on balance, the public interest lies in favour of upholding the exemption.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202400403973 - Information released - Documents 1 - 9

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29 page PDF

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1.1 MB